17 July 2017
29 June 2017
Currently, the Trump administration has requested that a federal district court based in Detroit consider an executive privilege claim related to memos prepared by Trump campaign adviser Rudy Giuliani about an alleged Muslim ban – written before Trump became President. The request is under consideration.
27 June 2017
26 May 2017
24 May 2017
The juror notice states that it is illegal for jurors 'to look for any information at all about your case on the internet or anywhere else during the trial or to have anyone else look for you'.
Jurors cannot look for any information about: any person involved in the case, including the judge and legal teams; the law and legal terms used in the case; the crime or crime scene; and court procedures.
"Analysis: A constitutional lesson for a new president." Denniston begins by quoting Chief Justice John Marshall:
"It is emphatically the province and duty of the judicial department to say what the law is.”
The quote is taken from the landmark Marbury v. Madison case, establishing the Court as the final interpreter of the Constitution, and it nicely sums up the constitutional role of the federal courts. The rest of the post is well worth a read, as it not only is aimed at giving the President a lessen concerning the role of the courts in the American system, it also serves as a lesson for students in my courses as well.
23 May 2017
A juror said he’d been told by "My Father in Heaven” that former Congresswoman Corrine Brown was not guilty in the federal case against her, according to a transcript released late Monday. “Did you say the words, ‘A higher being told me that Corrine Brown was not guilty on all charges?’” U.S. District Judge Timothy Corrigan asked Juror 13, according to the transcript.“No,” the juror responded. “I said the Holy Spirit told me.”This conversation took place after the case was finished as the jury was about to deliberate. Fellow jurors who overhead the juror make a similar statement brought their concerns to the Judge's attention, which ultimately led to her removal form the case. It illustrates the power judges have to remove jurors in order to avoid potential irregularities in the trial.
22 May 2017
The real question before the Court involved the general rule that jury deliberations are confidential. But in this case a majority of the Supreme Court ruled that charges of racial bias might open the door to break this confidentiality rule. Writing for the majority, Justice Kennedy said "A constitutional rule that racial bias in the justice system must be addressed — including, in some instances, after the verdict has been entered — is necessary to prevent a systemic loss of confidence in jury verdicts."
21 May 2017
Good reminder in Die Zeit about how Presidents can shape the judicial branch. A few things to keep in mind. Presidents still need the consent of the Senate to do this, which is not always a given when the Senate is controlled by the opposition party. Also Trump is no different than his predecessors in wanting to shape the Judiciary. What's different is Trump doesn't really seem to care about this and instead is using it as an incentive to get conservatives to support him.
15 May 2017
Other than that, the closest Congress has come recently to sending a proposed amendment to the states was the Flag Desecration Amendment, which would have allowed for states to punish people who burned the American flag, overturning two Supreme Court decisions stating that individuals have a free speech right to do so. The measure passed the two-thirds threshold in the House but fell one vote short in the Senate.
The New Yorker piece notes, with alarm, that the Republican Party is close to having control of two-thirds of the state legislatures, which could result in a constitutional amendment being offered via the second method above, something that, to the best of my knowledge, has never happened before. The article notes that while a constitutional convention would most likely be called only to propose a so-called Balanced Budget Amendment, things could move in a different direction once the delegates met:
The original Constitutional Convention was intended only to recommend changes to the Articles of Confederation, not to do away with them, but the delegates literally took the law into their own hands and drafted a new document. It’s easy to imagine that an Article V convention would find it difficult to limit its agenda to the technicalities of budget finance. Abortion, the most divisive social issue of the past forty years, has insinuated itself into nearly every discussion of nominees for the Supreme Court. Could a gathering intoxicated by the possibility of imposing permanent change resist the urge to achieve by amendment what decades of lobbying, protesting, and the cultivation of sympathetic judicial candidates could not? Similarly, as the battle over immigration has intensified, conservatives have toyed with the idea of ending birthright citizenship, currently guaranteed by the Fourteenth Amendment. The allure of bypassing legislative stalemate on that issue might also prove tempting.In the age of Trump, it is easy to conjure up images of American democracy as we know it seeking to exist (as anyone who has heard me discuss the constitution know, I don't believe this is a possibility). This article lays out a scenario for the dismantling of sacred rights. I suppose if Trump can be elected President, anything is possible.
12 May 2017
Sollte Trump die verwegene Idee verfolgt haben, mit dem Rauswurf die Russland-Ermittlungen beenden zu können, so hat er nun das Gegenteil erreicht. Selbst wenn der Kongress keinen Sonderermittler durchsetzen kann - das entsprechende Gesetz ist 1999 ausgelaufen, ohne erneuert worden zu sein -, so ist der Appetit an den Ermittlungen jetzt erst so richtig geweckt. Trump mag die Aufklärung verzögern, aber er kann nicht verhindern, dass seine allemal schwache Gefolgschaft im Kongress weiter schwindet und die dünne Mehrheit der Republikaner im Senat bröckelt. Amerika ist eine starke Demokratie, die auch ein Trump nicht so einfach ins Wanken bringen kann.This is exactly right. If it becomes obvious that Trump is trying to impede a legitimate investigation, Congress will act, even if it is controlled by Republicans. The Republicans might want to support Trump, but they also don't want to lose their seats when they are up for re-election in 2018. They will if they are seen to be aiding a President who is trying to obstruct justice.
As an aside, students in my Constitutional law class are getting a real time lesson in how the President can be investigated. Take a look at the slides again from last week to have a fuller understanding of what Kornelius means in the quoted paragraph above.